Section 2. Section nine of chapter three hundred and 

 Penalty for obstruct- eighty-eight of the acts of nineteen hundred and eleven is 

 ing director or dep- hereby amended by inserting after the word "with," in the 

 Uty. Director may tenth line, the words : — he may prescribe and enforce such 

 prescribe rules and rules and regulations relative to the sale of commercial 

 regulations. Prose- fertilizers as he may deem necessary to carry into effect 

 CUtions at discretion the full intent and meaning of this act, — so as to read as 

 of director. follows : — Section g. Any person hindering or obstructing 



the director of the Massachusetts Agricultural Experiment 

 Station, or any inspector or deputy of the said director, in the discharge of the au- 

 thority or duty conferred or imposed by any provision of this act and any person 

 violating any provision of sections one, two, three, four and five of this act shall 

 be fined not less than fifty dollars and not more than two hundred dollars for 

 each offence. It shall be the duty of the said director to see that the provisions 

 of this act are complied with, he may prescribe and enforce such rules and regu- 

 lations relative to the sale of commercial fertilizers as he may deem necessary to 

 carry into effect the full intent and meaning of this act and he may, in his dis- 

 cretion, prosecute or cause to be prosecuted any person violating any provision 

 of this act. But no complaint based upon an analysis of samples shall be made 

 for any such violation, if the samples were taken otherwise than as provided in 

 this act. And no complaint shall be made for a failure of any fertilizer or brand 

 of fertilizer to meet the guaranteed analysis thereof if the analysis of such ferti- 

 lizer made by the director, or by his deputy or deputies, shows the amounts of 

 the constituents thereof to be substantially equivalent to the percentages stated 

 in the label of the fertilizer. 



Section 3. In addition to the requirements of section five 

 Declaration of ton- of chapter three hundred and eighty-eight of the acts of 

 nage sold and pay- nineteen hundred and eleven, every manufacturer, importer 

 ment of fee. Pen- or other person who sells or offers or exposes for sale in 

 ally for failure to this commonwealth any commercial fertilizer shall, on or 

 comply with re- before the first day of January and July in each year, be- 

 quirements of this ginning with January, nineteen hundred and nineteen, file 

 section. with the director of the Massachusetts Agricultural Exper- 



iment Station a sworn statement in such form as the di- 

 rector may prescribe setting forth the number of net tons of fertilizer sold by 

 him in the commonwealth during the preceding six months, stating in each case 

 the number of tons of every brand sold, together with a permit allowing the di- 

 rector or his authorized deputy to examine the books of the person filing the 

 statement, for the purpose of verifying the same, and shall thereupon pay to the 

 director a fee of six cents a ton of two thousand pounds for the fertilizers so 

 sold, except that no such statement, permit or fee shall be required in respect of 

 agricultural lime. The said director or his authorized deputy shall have powder 

 to cancel the certificate for any brand of fertilizer in respect to which the require- 

 ments of this section have not been complied with, and any manufacturer, im- 

 porter or other person who shall sell or offer or expose for sale in this common- 

 wealth a fertilizer or brand of fertilizer without having filed the statement and 

 permit and paid the fee required by this section shall be punished by a fine not 

 exceeding five hundred dollars for each offence. But no agent or other person 

 shall be obliged to file a statement or permit, or pay the fee required by this sec- 

 tion, for any brand of fertilizer for which the statement and permit have been 

 filed and for which the fee has been paid by the manufacturer or importer of 

 such brand. The director is hereby authorized and it is made his duty to collect 

 the fee required by this section, and to turn over the same to be accounted for 

 and disbursed in accordance with the provisions of section ten of said chapter 

 three hundred and eighty-eight. [^Approved May 21, igi8. 



Chap, 220, page 2. 



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